A win for Christian Louboutin in trademark infringement battle in India
Written by Hannah Chapman, a student at Southampton Solent University on 20 August 2018« Return to Reading Room
Christian Louboutin is most famously known for his signature design, the ‘Red Sole’. The signature design consists of high-heel stilettos which have the colour red (Pantone No.18.1663TP) applied to the sole of the shoe. This iconic design was registered as a trademark on the 10th April 2009 (trade mark number: UK00002472368).
Christian Louboutin has over a hundred stores, two of which are in India. Two footwear companies in India were found to have been using the ‘Red Sole’ design in their marketing. Hence, the French company filed a claim of trademark infringement in Delhi High Court and are seeking an injunction and damages. The Delhi High Court held that the two footwear companies were infringing upon Christian Louboutin’s trademark because they had similar designs and also similar deceptive domain names.
Thus, this amounted to passing off and the French Company were awarded the injunction (which prevents the defendant and others from engaging in this similar conduct again). Furthermore, they also received compensatory damages due to the loss of goodwill and reputation which was suffered during the unlawful use of their trademark.
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